Port reins likely to stay in local hands

A ship is unloaded at the Bayport container terminal, at one of two of the Port of Authority's private container terminals in LaPorte, Wednesday, May 23, 2012, in Houston. For a Sunday centerpiece detailing the port's ambitious capital improvements program ($1.2 billion in the next five years) that it is trying to figure out how to finance because it will run out of cash by the end of next year without another bond package or alternative financing options. It is trying to get ready for the opening of a wider Panama Canal in 2014.( Karen Warren / Houston Chronicle )

A ship is unloaded at the Bayport container terminal, at one of two of the Port of Authority's private container terminals in LaPorte, Wednesday, May 23, 2012, in Houston. For a Sunday centerpiece detailing

Sen. John Whitmire, D-Houston, background, listens during a hearing by members of his Senate Criminal Justice Committee Tuesday, Nov. 10, 2009, in Austin, Texas. Legislators heard testimony from John Bradley, foreground, the new chairman of the revamped forensic science commission and attempted to learn the status of the case of executed convicted killer Cameron Todd Willingham. Sen. Whitmire chairs the committee. (AP Photo/Harry Cabluck)Sen. John Whitmire, D-Houston, background, listens during a hearing by members of his Senate Criminal Justice Committee Tuesday, Nov. 10, 2009, in Austin, Texas. Legislators heard testimony from John Bradley, foreground, the new chairman of the revamped forensic science commission and attempted to learn the status of the case of executed convicted killer Cameron Todd Willingham. Sen. Whitmire chairs the committee. (AP Photo/Harry Cabluck) less

Sen. John Whitmire, D-Houston, background, listens during a hearing by members of his Senate Criminal Justice Committee Tuesday, Nov. 10, 2009, in Austin, Texas. Legislators heard testimony from John Bradley, ... more

Photo: Harry Cabluck, STF

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Dredges do maintenance work earlier this year at the Bayport container terminal, which is the responsibility of the Port of Houston Authority.

Dredges do maintenance work earlier this year at the Bayport container terminal, which is the responsibility of the Port of Houston Authority.

Photo: Karen Warren, Staff

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A container is taken away on a truck moments after it was lifted off of a ship at the Bayport container terminal, one of two of the Port of Authority's private container terminals in LaPorte, Wednesday, May 23, 2012, in Houston. For a Sunday centerpiece detailing the port's ambitious capital improvements program ($1.2 billion in the next five years) that it is trying to figure out how to finance because it will run out of cash by the end of next year without another bond package or alternative financing options. It is trying to get ready for the opening of a wider Panama Canal in 2014.( Karen Warren / Houston Chronicle )

A container is taken away on a truck moments after it was lifted off of a ship at the Bayport container terminal, one of two of the Port of Authority's private container terminals in LaPorte, Wednesday, May 23,

State Sen. John Whitmire believes local officials will retain power to pick port commissioners.

State Sen. John Whitmire believes local officials will retain power to pick port commissioners.

Photo: Harry Cabluck, STF

Port reins likely to stay in local hands

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State Sen. John Whitmire said legislation that would impose significant changes on the Port of Houston Authority and its seven-member governing board more than likely won't include removing local appointment power and handing it to the governor.

Whitmire and other Houston state lawmakers on the Texas Sunset Advisory Commission, which reviews state or state-created agencies, approved the appointment provision and others last month. The appointment recommendation was made by Sunset Chairman Dennis Bonnen, a Republican from Angleton.

Other changes were set out by Sunset Commission staffers after a five-month review of the port.

At stake is the oversight of the Port of Houston Authority, a local organization that is the face and keeper of one of the state's largest economic engines.

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Whitmire, a local Democrat who pushed for the Sunset review of the port, said Friday the recommendation to take away local governments' power to appoint members to the port commission is "on life support" following talks with local officials.

"I think that was a proposal that was very successful in getting some good dialogue going," he said, but "it's probably not going to be in the final version" of the bill.

Whitmire said the legislation will call for limits of three 4-year terms for port commissioners, as well as include a requirement that commissioners who have surpassed that 12-year mark step down.

Currently, that would mean five members would lose their jobs. However, the commission is likely to have at least two more new members in coming months.

Harris County Commissioners Court last week appointed Col. John Kennedy to the commission to replace Elyse Lanier, who resigned the week before.

A replacement also is expected for port Chairman Jim Edmonds, who has been serving in an expired term since June and is not seeking reappointment. And, Commissioner Kase Lawal's term expires in September and the city has said it will not re-appoint him.

Under the current appointment process, the city and county each get two appointments and jointly appoint a chair, while the city of Pasadena and the Harris County Mayors' and Councils' Association each get one appointment. "I personally believe that some changes on the port commission will negate efforts at the state to change it," said County Commissioner Steve Radack.

Commissioners Court is still grappling to reach consensus on a replacement for Edmonds.

Whitmire and others, including state Sen. Dan Patrick, a local Republican, have cited the delay in replacing Edmonds, as well as the continued service of Commissioner Steve Phelps in a term that expired in 2009, as reasons state oversight is needed.

Houston Mayor Annise Parker, who endorsed current port Commissioner Janiece Longoria for chairman in October, asked Emmett in a Dec. 12 letter to call a meeting with the city so "nominations may be publicly submitted and voted upon."

But Emmett, who noted the county's swift action in appointing a replacement for Lanier, said he won't rush and is confident the Legislature will leave local control intact.

"The worst thing we could do at this point is have a meeting and have it turn into an embarrassing, 'Well we met, but nothing happened,' " Emmett said Friday. "That's what I want to avoid and unfortunately the current process is set up precisely to do that."

Emmett said he hopes to call a meeting before the Legislature convenes Jan. 8, or soon after. But the search for a chair, he said, is "still ongoing."

Whitmire said the delay is "indicative of a governance issue," and may spur the inclusion of a "trigger" provision in the legislation giving appointment power to another entity if consensus cannot be reached.

"It shows that we need to continue a dialogue about, 'Is there a better model?,' " he said. "It just shouldn't be that darn difficult."